Version dated 03-11-2021
Responsible seller:
Ötztaler Gletscherbahn GmbH & Co KG
Bergbahnen Sölden
Address: Dorfstraße 115
6450 Sölden
VAT Number: ATU32844009
Email: orders@soelden.com
Phone: +43 5254508-0
EXTRACT FROM OUR GENERAL TERMS & CONDITIONS
1. SCOPE OF APPLICATION
1.1. If these “T&C BBS“ have been effectively included, they shall govern (in addition to the individual agreements reached) the legal relationships between Bergbahnen Sölden (hereinafter: “BBS”, see point 2.2) and the purchasers (hereinafter: “visitors”) of a lift ticket, a voucher (including a voucher for 007 ELEMENTS) or any other service of BBS (irrespective of the respective “booking channel” [online, ski pass desk etc.]).
1.2. These “T&C - BBS“ do not apply to the purchase of an entry ticket for 007 ELEMENTS or to the visit of 007 ELEMENTS. In this case, the “T&C – 007 ELEMENTS” of the Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol, provided that these have been effectively included in the contract, apply.
2. CONCLUSION OF CONTRACT AND CONTRACTUAL PARTNERS
2.1. Lift tickets/vouchers may either be purchased at the ticket counters of the BBS or online at https://skiticket.soelden.com (online tickets) or https://www.soelden.com/skiticket-event-gutscheine (online vouchers).
2.2. The BBS are the operators of the ski area of Sölden (with Giggijoch, Gaislachkogl, Rettenbachferner, Tiefenbachferner). The contract on the purchase of lift tickets and vouchers with the “Bergbahnen Sölden” (“BBS”) will be concluded between the visitor and a civil-law partnership (Gesellschaft bürgerlichen Rechts) consisting of the Ötztaler Gletscherbahn - Gesellschaft mbH & Co. KG Sölden - Tyrol (Companies’ Register no. (FN) 21369a), the Schilifte Gampe, Ötztaler Gletscherbahn KG (Companies’ Register no. (FN) 19665w) as well as the Skiliftgesellschaft Sölden - Hochsölden GmbH (Companies’ Register no. (FN) 37680m).
2.3. If services in the other ski areas in the Ötztal listed in the same table are used with the purchased lift ticket within the meaning of point 7.4, this is always and directly based on an independent (split) contractual relationship between the visitor and the respective ski area operator. In this respect, the BBS, as the seller of the ticket, act for the other ski area operators only as their representatives; a direct contractual relationship with the BBS only arises with regard to their own services and facilities. Therefore, only the respective ski area operator in whose area of responsibility the incident occurs is obliged to provide the individual services and to pay any damages in the event of incidents. The ski area operators as well as their area of responsibility are shown in the table below (more detailed information on the contract partners and the respective area of re-sponsibility is available on request):
| SKI AREA | OPERATOR (contract partner) | SPACIAL AREA OF RESPONSIBILITY |
| „Bergbahnen Sölden“ | • Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol (Companies‘ Register no. FN 21369a) • Skiliftgesellschaft Sölden - Hochsölden GmbH (Companies‘ Register no. FN 37680m) • Schilifte Gampe, Ötztaler Gletscherbahn KG (Compa-nies‘ Register no. FN 19665w) |
Facilities in the municipal area of Sölden that are accessed from the village of Sölden, including the facilities on the Rettenbach- and Tiefenbachferner |
| „Bergbahnen Längen-feld/Gries“ | • Schleppliftgesellschaft m.b.H. Gries – Ötztal (Companies‘ Register no. FN 36536f) | Facilities that are accessed from the district of Gries in the mu-nicipal area of Längenfeld |
| „Bergbahnen Oetz-Hochoetz“ | • Schiregion Hochoetz Er-schließungs-GmbH & Co. KG, Angerweg 13, 6433 Oetz | Facilities in the municipal area of Oetz, including the facilities in the area “Balbach” in the municipality of Haiming |
| Bergbahnen Umhau-sen/Niederthai | • Niederthaier Skilift GmbH (Companies‘ Register no. FN 36894g) | Facilities in the municipal area of Umhausen that are accessed from the village of Niederthai |
| Bergbahnen Oberurgl/Hochgurgl | • TOP EXPRESS Seilbahnen Gurgl GmbH & Co. KG (Companies‘ register no. FN 161494t) • Hochgurgler Lift-Gesellschaft m.b.H. & Co. KG. (Companies‘ register no. FN 18693s) • Liftgesellschaft Obergurgl Gesellschaft m.b.H. (Com-panies‘ Register no. FN 32913b) |
Facilities in the municipal area of Sölden that are accessed from the districts of Obergurgl and Hochgurgl |
| Bergbahnen Vent | • Venter Seilbahnen Gesell-schaft m.b.H. & Co. KG. (Stablein) (Companies‘ regi-ster no. FN 19083p) | Facilities in the municipal area of Sölden that are accessed from the village of Vent |
2.4. The BBS shall be entitled to use vicarious agents.
2.5. The BBS reserve to suspend the sale of lift tickets on certain days – depending on occupancy rate.
4. NO TRANSFERABILITY, REFUND, LOSS
4.1. Lift tickets shall be personal and not transferable. Misusing lift tickets or, respectively, obtaining a service under false pretences will be liable to criminal prosecution and reported to the competent authorities. Any misuse shall result in the immediate withdrawal of the lift ticket. Do not buy any lift tickets from third parties – they could be blocked!
4.2. A subsequent extension/postponement of the validity period of lift tickets is not possible.
4.3. Without thereby limiting any other legal or contractual claims for reimbursement or compensation on the part of the visitor, the BBS will also voluntarily reimburse the paid fee in the event of a sports accident in the Sölden ski area: on presentation of the incident report of the piste rescue, the lift ticket of the person involved in the accident will be reimbursed at the ski pass ticket offices (no reimbursement for accompanying persons). Reimbursements will be made for unused days from the day after the accident. Relay and 1-day tickets will not be reimbursed. In the case of reimbursement, the rescue and supply costs of the piste rescue will be deducted immediately according to the incident report/invoice.
4.4. Valid and in each case non-personalised lift tickets, booking codes and vouchers entitle the respective holder to use the guaranteed service. BBS cannot check the legitimacy of the holder. In the event of loss of non-personalised lift tickets (not relating to a person), booking codes or vouchers, can hence not be replaced.
4.5. If lift tickets (such as season tickets) are forgotten, a corresponding day ticket has to be purchased. A refund is not possible in this regard.
5. SPECIAL TERMS AND CONDITIONS FOR ONLINE TICKETS AND ONLINE VOUCHERS
5.1. Only persons having reached the age of 18 shall be entitled to purchase online tickets and online vou-chers.
5.2. Online tickets and online vouchers may only be purchased after having completed all mandatory fields in the booking window entirely and correctly. The visitor alone is responsible for correctly entering the data.
5.3. . The order process for the purchase of online tickets or online vouchers will be completed by clicking on the button “Order now with obligation to pay” or, respectively, “Order with obligation to pay”. In doing so, the visitor submits a binding offer to purchase an online ticket or an online voucher. When purchasing online vouchers, there will be the option to choose between service-specified vouchers (e.g. toboggan ticket, en-trance to 007 ELEMENTS) or a value voucher. The contract will then be concluded upon written acceptance by the BBS.
5.4. The purchase of online lift tickets will be accepted by the transmission of a confirmation e-mail, with the visitor receiving a booking code consisting of 8 digits. With this booking code, lift tickets may be collected on site in Sölden at collection machines (Gaislachkoglbahn, Giggijochbahn) as well as at all ski pass desks of the BBS. Lift tickets will not be dispatched and delivered. The BBS will not assume any liability for the loss or for the not diligent safekeeping of the booking code and a thereby unauthorized access of third parties. Inva-lid or validated booking codes do not entitle a visitor to collect lift tickets.
5.5. The purchase of online vouchers will be accepted by the transmission of a confirmation e-mail, with the visitor receiving a voucher. The voucher can also be validated by persons that have gained possession of it unlawfully. When presenting a valid voucher, the BBS shall not be obliged to verify the entitlement any further (in particular identity check). The requested product may be “redeemed” with the voucher – depending on the chosen product – at the ski pass desks of the Bergbahnen Sölden or (if this is indicated separately) at other service partners. Vouchers cannot be redeemed for cash. If not the entire voucher value was consumed, the remaining amount is maintained as a voucher – there will be no reimbursement in cash. Value vouchers are subject to the general statutory limitation rules. Lift ticket vouchers shall only be valid in the time period re-spectively indicated/chosen. Also vouchers issued free of charge (“campaign vouchers”) shall only be valid during the time periods respectively indicated.
5.6. When purchasing online lift tickets, the booked service may be used immediately after having recei-ved the confirmation e-mail. The confirmation e-mail serves as admissible proof of the duly made booking and shall therefore be carried along by the visitor and presented to the BBS in case of complaints or, respec-tively, problems. The hotline may be contacted daily from 8.30 am to 5.00 pm (outside of operating hours respectively only from Mon to Fri) for user problems as regards booking or other difficulties in connection with online ticketing.
5.7. It is required to indicate the first name, last name and date of birth (+ sex in case of seniors) in order to buy reduced lift tickets of the rate groups youths, children and seniors online. This data will be printed on the lift ticket in order to verify the entitlement to use the reduction.
5.8. Buying lift tickets online is only possible for 1-14 days. Graduated half-day passes, 1.5-day tickets and flexible ski passes as well as lift tickets for the rate groups snow kids and disabled may not be bought online. When purchasing the online ticket, a validity period exactly specified in terms of date which can no longer be changed afterwards shall be selected.
5.9. Online tickets may exclusively be paid by means of the payment methods indicated during the order process – currently: certain credit cards or immediate payment (Klarna).
5.10. In case of a chargeback before the lift ticket is collected or before the voucher is redeemed, the boo-king code will become invalid.
5.11. For technical and financial processing of the online booking, the BBS use different partners, inter alia for example of the company SkiData AG, the company Payone, the company PXP or the company Klarna. Un-less otherwise stated in the booking process, these companies do not establish a separate (direct) contractual relationship with the visitor. In the course of the booking process, the visitor may also be forwarded to websites of these companies, for the contents of which the respective company itself is responsible.
5.12. The indicated prices for online lift tickets and lift ticket vouchers include VAT. The indicated prices for online value vouchers do not include any VAT.
6. RIGHT OF WITHDRAWAL
6.1. In the case of distance contracts or contracts concluded outside of business premises (off-premises), you have the right to revoke this contract without stating reasons in accordance with the Austrian Long Distance and Remote Sales Act (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG).
6.1.1. The withdrawal period is fourteen days from the date of conclusion of the contract.
6.1.2. In order to exercise the right of withdrawal, you must inform us (Bergbahnen Sölden, Dorfstras-se 115, 6450 Sölden; Phone: +43 (0)5254 508-0; Fax: +43 (0)5254 508-120; E-Mail: bergbah-nen@soelden.com) by means of a clear declaration (e.g. a letter sent by mail, fax or email) of your decision to revoke this contract. You can use the enclosed sample withdrawal form for this purpose, which is, however, not mandatory.
6.1.3. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6.1.4. If you revoke this contract, we must return you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive the notification of your with-drawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged for this repayment. If you have requested that the service begin during the withdrawal peri-od, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect to this contract compared to the total scope of the services provided for in the contract.
6.2. However, you do not have the right of withdrawal under the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz) if you conclude a distance contract or an off-premises con-tract for services in connection with leisure activities, whereby a specific point of time or time period is con-tractually provided for the performance of the contract by BBS. The lift tickets or, respectively, the lift vouch-ers offered by BBS, which are only valid for a certain period of time, as well as event tickets, represent such services where the right of withdrawal is excluded pursuant to sec. 18 par. 1 cl. 10 of the Austrian Long Dis-tance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz).
6.3. Furthermore, in the case of contracts for services, you shall have no right of withdrawal under the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz) if BBS – on the basis of an express request by the visitor pursuant to sec. 10 of the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz) as well as a based on a confirmation by the visitor that the visitor is aware of the loss of the right of rescission in the case of complete fulfilment of the contract - had started to perform the service already before the expiry of the rescission period pursuant to sec. 11 of the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz) and the service was then fully performed.
6.4. Sample withdrawal form:
If you wish to withdraw from the contract, please complete and return this form:
To
Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol
Dorfstrasse 115
6450 Sölden
Companies‘ Register no. FN 21369a
I/We hereby revoke the contract concluded by me/us for the provision of the following service(s):
Service ordered on received on
1st
2nd
3rd
Name of the consumer(s):
Address of the consumer(s):
IBAN and BIC of the consumer(s) for reimbursement:
Date:
Signature of the consumer(s):
(only in case of notification as hard copy)
6.5. If, when concluding contracts for the provision of services by BBS, the visitor has a right of withdrawal under the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz) ,the visi-tor wishes BBS to commence performance of the contract before the expiry of the withdrawal period, the visitor must make an express request to this effect to BBS. If the visitor makes such a request to the BBS, this has the consequence that the visitor’s right of withdrawal expires if the BBS, in accordance with sec. 11 of the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäftegesetz) had begun to per-form the service before the expiry of the withdrawal period and has then performed the service in full.
7. CONTRACTUAL CONDITIONS
7.1. The use of services of the BBS shall only be permitted based on a valid lift ticket (on contactless data carriers [“Key Card”]).
7.2. Bevor using the services of the BBS, the visitor must familiarize himself with these “G&T BBS”, the respective terms and conditions of transport, the information boards at the entrances to the ski lifts and in the valley stations, the measures communicated by the BBS in connection with COVID 19 as well as with the FIS Rules. If these regulations are grossly violated or if instructions of the employees of the BBS are not followed (e.g. if no mouth/nose protection is used despite being requested to do so), the performance of services to the visitor may be refused and/or the lift ticket of the visitor may be withdrawn without refunding the remu-neration paid therefor.
7.3. When using the services of the BBS (during the entire validity period), the visitor is obliged to carry the visitor’s lift ticket with him/her as well as the confirmation e-mail with the booking code when using online booking and to present them to the staff upon request.
7.4. The lift tickets shall be valid in the winter season in the ski area of the Bergbahnen Sölden (winter ski area and glacier ski areas). As from a validity period of 3 days, the lift ticket shall (exclusively during the winter season) additionally be valid in the other ski areas in Ötztal mentioned above (under point 2.3).
7.5. In the summer season, the “normal” lift tickets (also valid for several days) shall be valid only in the hiking area of the BBS (not in other hiking areas as well). Apart from that, there are separate mountain bike as well as fun sport tickets that only entitle the visitor to an uphill ride with individual facilities. With these moun-tain bike or, respectively, fun sport tickets, the downhill ride with a lift system shall only be permitted in exceptions when it is no longer reasonable to go down into the valley by mountain bike (for example due to a defect, tiredness, etc.).
7.6. As a rule, the validity of the lift ticket starts on the day it is issued. All lift tickets – except for gradua-ted half-day passes and 1.5-day tickets – may upon request be purchased in advance. Lift tickets may already be used on the day prior to validity as from 3.00 pm. Lift tickets shall always be valid for consecutive days, an interruption is not possible (except for flexible ski passes).
8. SPECIAL TERMS AND CONDITIONS FOR EVENTS
8.1. The BBS or individual companies of those mentioned under point 2.2 in some instances also organize events (e.g. concerts, sporting or cultural events). The admission to these events is in some instances free of charge for holders of a lift ticket (etc.), in some instances separate admission tickets are sold.
8.2. Visitors of events have to comply with the communicated house rules, if any, the rules of conduct and instructions. In case of non-compliance with these regulations/instructions, affray, drunkenness, drug con-sumption/possession/dealing, dirt accumulation, disturbance of the peace, disturbance of the public order, etc., the visitor may (without being refunded any ticket price) be refused access to the event site or banished from the event site.
8.3. Making sound, image or film records for commercial purposes shall not be permitted.
8.4. If no separate remuneration is to be paid for visiting an event (e.g. because holders of a lift ticket can participate in the event free of charge), its cancellation, postponement or change does not result in any da-mages and warranty claims.
9. DATA PROTECTION
9.1. The use of the services of the BBS requires various processing operations with regard to the personal data of the visitors. In this regard, the BBS refer to the data protection declaration (www.soelden.com/datenschutz-bbs).
9.2. We would like to point out that, for the purpose of access control, a reference photo of the visitor is taken when he/she first passes through a turnstile equipped with a camera. This reference photo will be com-pared by the lift personnel to the photos that are taken each time the lift ticket holder passes through a turn-stile equipped with a camera one more time (you will find details regarding this matter in the data protection declaration).
10. CHOICE OF LAW
10.1. This contractual relationship shall exclusively be governed by Austrian law under exclusion of the prin-ciples of conflict of laws of private international law. Within the scope of application of sec. 6 par. 2 of the Rome I Regulation, the visitor may nevertheless invoke the protection of the mandatory legal provi-sions of the state in which he has his permanent residence.
Bergbahnen Sölden
Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol
Companies’ Register no. (FN) 21369a
ATU 32844009
Skiliftgesellschaft Sölden - Hochsölden GmbH
Companies’ Register no. (FN) 37680m
ATU 32851508
Schilifte Gampe, Ötztaler Gletscherbahn KG
Companies’ Register no. (FN) 19665w
ATU 32852801
Dorfstraße 115
6450 Sölden
Telephone: +43 (0)5254 508-0
Fax: +43 (0)5254 508-120
E-mail: bergbahnen@soelden.com
www.soelden.com
I. General Terms and Conditions for 007 ELEMENTS (T&C-007 ELEMENTS)
Version dated 03-11-2021
1. SCOPE OF APPLICATION
1.1. If these “T&C– 007 ELEMENTS” have been effectively included, they shall govern (in addition to the individual agreement reached) the legal relationships between the Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol (hereinafter: “operator”) and the purchasers of an admission ticket or, respectively, visitors to the 007 ELEMENTS exhibition (hereinafter: “visitor”).
1.2. These “T&C – 007 ELEMENTS“ do not apply to the purchase of a lift ticket, a gift voucher or a voucher relating to services that are not provided at a specific time or, respectively, within a precisely specified period of time, or any other service provided by the Bergbahnen Sölden. In this case, the T&C of the Bergbahnen Sölden shall apply, provided that these have been effectively included in the contract.
2. ACCESS TO 007 ELEMENTS
2.1. Access to 007 ELEMENTS shall only be granted due to a valid admission ticket. The visitor shall comply with the house rules as well as with the enclosed visitor rules (II) when acceding and staying at 007 ELEMENTS. In case of a gross and repetitive violation of the house rules, the visitor rules or the present “T&C-007 Elements”, the visitor may be banned from the installation 007 ELEMENTS without a refund of the ticket price.
2.2. The purchase of an admission ticket entitles the visitor to a single entry to 007 ELEMENTS exclusively during the mentioned time frame (“time slot”). A subsequent postponement of the time slot (postponement) shall only be possible with the express consent of the operator.
2.3. If tickets are purchased for two or more visitors, every visitor needs his own ticket and every visitor is assigned a certain time slot. For organisational reasons, it cannot be ensured that the visitors can have the same time slot.
2.4. The visitor himself shall take care that he arrives at 007 ELEMENTS on time, particularly taking into consideration transport and waiting periods. If the visitor does not arrive during the time slot assigned to him, the operator will try to grant him access to 007 ELEMENTS at a later time. Due to the restricted capacities, the large crowd of visitors and the limited opening hours (also of the feeder), the visitor shall not be entitled to be granted access at a later time when missing the access within the specified time slot. If the visitor cannot be granted access to 007 ELEMENTS (also at a later time) because the time slot has been missed due to the fault of the visitor, the visitor shall not be entitled to a refund of the ticket price.
3. PURCHASE OF ADMISSION TICKETS
3.1. Admission tickets may be purchased either at the ticket counters of the operator or online under www.007elements.com (online tickets). The purchase of online tickets requires the specification of a valid e-mail address.
3.2. The order process of the purchase of online tickets will be completed by clicking the button “Order now with obligation to pay”. In doing so, the visitor submits a binding offer to purchase an online ticket. The contract for the purchase of the ticket is concluded by the written acceptance by the operator (e.g. transmission of an order confirmation by e-mail) or by transmitting the ticket respectively within 14 days to the visitor.
3.3. The online ticket is transmitted by e-mail to the e-mail address specified by the visitor. The visitor shall bear the sole responsibility for the completeness and correctness of the information specified during the order process, for a functioning e-mail access as well as for a complete and legible printout of the online ticket.
3.4. All prices mentioned are in euros and include legal VAT.
3.5. If offered reductions are applied, the valid claim entitlement has to be proven when visiting 007 ELEMENTS by corresponding official documents. Reductions applied wrongfully result in the invalidity of the admission ticket.
3.6. Online tickets may exclusively be paid by means of the payment methods indicated during the order process.
3.7. Payment generally has to be made in advance.
3.8. In case of a return debit of the payment before the visit of 007 ELEMENTS as contractually agreed, the admission ticket becomes invalid.
3.9. In the interest of safety, the visitor shall follow the instructions of the operator or, respectively, its employees (including the persons working at the ski lifts), the police and the security staff when accessing to, entering into and staying at 007 ELEMENTS.
3.10. Purchasing an admission ticket does not entitle the visitor to use the cable cars and other infrastructure of the operator. In this regard, a separate contract for carriage has to be concluded.
4. HANDLING OF ADMISSION TICKETS
4.1. The admission ticket or the printed online ticket shall be presented at the entrance before visiting 007 ELEMENTS. The admission ticket or the online ticket will then be validated by the operator manually or digitally.
4.2. The visitor shall be obliged to carry along admission tickets/online tickets during the entire duration of his visit of 007 ELEMENTS and to present them upon request of the staff.
4.3. In order to avoid a misuse, the visitor shall carefully keep the admission ticket or, respectively, the online ticket in safe custody. The admission ticket or the online ticket may also be validated by the access of a person having gained possession of the admission ticket unlawfully. When presenting a valid admission ticket or, respectively, a valid online ticket, the operator shall not be obliged to verify the access entitlement any further (in particular identity check).
4.4. Invalid or validated admission tickets and online tickets do not entitle to be granted access.
4.5. In case of loss of non-personalised tickets (not related to a person) no replacement will be provided.
5. NO RIGHT TO RESCISSION
5.1. The services offered by the operator within the scope of these “T&C – 007 ELEMENTS” are exclusively services in the sense of sec. 18 par. 1 cl. 10 of the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäfte-Gesetz) that are provided in connection with leisure time activities and at a certain time or, respectively, at a specific time or, respectively, within a precisely specified period of time (“time slot”). The visitor is therefore not entitled to rescind the contract (sec. 18 par. 1 cl. 10 of the Austrian Long Distance and Remote Sales Act (FAGG)).
6. NO COMMERCIAL PURCHASE AND SALE OF ADMISSION TICKETS
6.1. In order to avoid misuse, black marketing and ticket speculations, the commercial or industrial purchase and sale of admission tickets without a prior express consent by the operator shall not be permitted.
6.2. In case of an inadmissible commercial or industrial purchase/sale of admission tickets, the operator may refuse the future sale of admission tickets, impose a ban on entering the premises and take further steps under civil or criminal law.
7. EXCLUSION OF LIABILITY
7.1. Claims for damages of the visitor may only be asserted if a damage was caused by the operator with intention or gross negligence.
7.2. This restriction does not apply to the compensation of personal damages, to compensation claims pursuant to the Austrian Product Liability Act (Produkthaftungsgesetz) as well as to claims for compensation resulting from breach of the operator’s main contractual obligations.
7.3. The operator shall in particular not be liable for damages resulting from the unauthorized duplication or the misuse of the admission ticket.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The production of image and/or sound recordings by the visitors in the premises of 007 ELEMENTS as well as outside of them (if the buildings of the installation or the exhibits belonging to the installation are included in the recordings) shall only be permitted for private purposes. The commercial use of these image and/or sound recordings by the visitor or by third parties requires the express written consent of the operator.
9. DATA PROTECTION
9.1. The visitor acknowledges that the data entered by him when placing the order are exclusively processed insofar as this is necessary for carrying out the order and the visit of 007 ELEMENTS (art. 6 par. 1 lit. b of the General Data Protection Regulation). The data will be deleted after expiry of the legal storage obligations. The legal data protection regulations are complied with by the operator. Pursuant to the General Data Protection Regulation, the visitor has a right to be provided with information on the concerned personal data, to correct, delete or restrict the processing of the concerned personal data as well as a right to object the processing of the concerned personal data and a right to data portability. Due to a claimed violation of data protection regulations, the visitor under certain circumstances has a right to complain to the data protection authority. In this regard, the operator refers to the privacy policy of the Bergbahnen Sölden (www.soelden.com/datenschutz-bbs).
9.2. The disclosed customer data shall be transmitted by a secure process (SSL).
10. APPLICABLE LAW
10.1. This contractual relationship shall exclusively be governed by Austrian law under exclusion of the principles of conflict of laws of private international law. Within the scope of application of sec. 6 par. 2 of the Rome I Regulation, the visitor may nevertheless invoke the protection of the mandatory legal provisions of the state in which he has his permanent residence.
Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol
Dorfstraße 115
6450 Sölden
Companies’ Register no. (FN) 21369a
ATU32844009
Telephone: +43 (0)5254 508-0
Fax: +43 (0)5254 508-120
E-mail: bergbahnen@soelden.com
www.soelden.com
II. Visitor Information - Visitor Rules for the Installation 007 ELEMENTS
Version dated 03-11-2021
1. The installation 007 ELEMENTS is located on the Gaislachkogl at 3,048 m. 007 ELEMENTS is exclusively accessible with 2 mountain gondolas, the 8-person cabins gondola Gaislachkogl I and the 3S cabins gondola Gaislachkogl II (for 30 pers.). Due to the high alpine location, clothes conforming to the season and the weather conditions are required.
2. Any and all use and security information and pictograms shall be respected and strictly be complied with. Instructions of employees shall be followed without delay.
3. Children and wards shall constantly and exclusively be supervised and instructed by their parents or, respectively, by the accompanying persons of full age themselves in the entire installation area. Employees of 007 ELEMENTS do not assume any supervision.
4. Parents or, respectively, accompanying adults must carefully fulfil their supervisory duties towards their children and wards. A realistic assessment by the parents or, respectively, accompanying adults of which activities and facilities are suitable for the respective child or, respectively, ward or, respectively, correspond to their age and development maturity is required.
5. A minimum age of 12 years is recommended for the visit of 007 ELEMENTS.
6. Fences, safety barriers, obstacles and blockades of any kind whatsoever may not be crossed or removed.
7. We kindly ask you for a considerate and respectful conduct vis-à-vis the other visitors and with respect to the equipment, buildings, surfaces and facilities. The disturbance of the public order, the use of physical or verbal violence, drunkenness, violations of public morals, the non-compliance with the visitor rules, damage (attempts) and any similar conduct may result in a refusal of the access or in the immediate ban from the installation without any entitlement to a cost reimbursement or damages.
8. Making telephone calls or playing music shall not be permitted in the entire installation area.
9. Consuming food and drinks brought along shall not be permitted during the visit of 007 ELEMENTS.
10. An absolute smoking ban applies to the entire installation area of 007 ELEMENTS. This shall also apply to electronic cigarettes.
11. Animals are not permitted to have access to the installation area.
12. Working with open flame is strictly forbidden in the entire installation area.
13. Waste belongs in the containers provided therefore.
14. The possession and the carrying of weapons or of other dangerous objects as well as of illegal objects or substances shall not be permitted. We reserve the right to search bags.
15. Any commercial activities, offering and selling goods or services, advertising measures (including the distribution of leaflets, flyers and brochures as well as the carrying of posters), the organization of gambling or skill games shall expressly be prohibited.